MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment and order dated 17.03.2004 passed by the Additional Sessions Judge, Amritsar whereby, the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of 03 years and to pay fine ? 2000/- under Section 376 read with Section 511 of Indian Penal Code and in default of payment of fine, to undergo further rigorous imprisonment for a period of two months in case FIR No.372 dated 17.12.2001, registered under Sections 376, 506 of Indian Penal Code at Police Station Sadar, Amritsar.

(2.) The case of the prosecution finds its origin from the statement given by Gian Kaur wife of Rattan Singh to the police to the effect that on the intervening night of 11/12.12.2001, her daughter-in-law Kulwinder Kaur fell ill. On 12.12.2001, she took her daughter-in-law to Dr. Manjit Singh son of Narinder Singh, resident of Gali No.3, Indira Colony, Mustafabad, Amritsar for treatment. Dr. Manjit Singh examined her daughter-in-law in her presence while laying her on the bench in the cabin. After examining her, Dr. Manjit Singh told that she would have to be injected. Kulwinder Kaur said that he should give her some medicine and not injection, but on this, the doctor said in a loud voice that it was he who was the doctor and not she. Dr. Manjit Singh gave her a slip for the purchase of medicine and sent her to fetch the same. When she returned with the medicine in about 15 minutes, she found that 'Salwar' of her daughter-in-law had been removed and Dr. Manjit Singh was found committing sexual intercourse with her daughter-in-law Kulwinder Kaur against her wishes. Kulwinder Kaur was in semi-conscious condition and she was moving her legs and arms. She raised hue and cry. Dr. Manjit Singh fled away by giving threats to kill her as well as Kulwinder Kaur. Thereafter, the matter was reported to the police.

(3.) On the basis of aforesaid statement, the instant case FIR was registered. During investigation, the accused was arrested and his personal search memo was prepared. On completion of investigation, challan against the accused was presented in court.